Chapter 1. What Is Christian Legal Thought?... 1 A. Why Christian Legal Thought?... 1 William J. Stuntz, Christian Legal Theory...
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1 TABLE OF CONTENTS PREFACE... V ACKNOWLEDGMENTS... XI TABLE OF CASES... XXV Chapter 1. What Is Christian Legal Thought?... 1 A. Why Christian Legal Thought?... 1 William J. Stuntz, Christian Legal Theory... 1 Notes and Questions... 3 Antonin Scalia, God s Justice and Ours... 6 Notes and Questions B. What Is Christian Legal Thought? W. Burlette Carter, What s Love Got to Do with It? Race Relations and the Second Great Commandment Notes and Questions William J. Stuntz, Christian Legal Theory Notes and Questions David A. Skeel, Jr., The Unbearable Lightness of Christian Legal Scholarship David A. Skeel, Jr., The Paths of Christian Legal Scholarship Notes and Questions John Witte, Jr., God s Joust, God s Justice: Law and Religion in the Western Tradition Notes and Questions C. Biblical Law Jonathan Burnside, The Spirit of Biblical Law Notes and Questions D. For Further Discussion Roger Bern, A Biblical Model for Analysis of Issues of Law and Public Policy: With Illustrative Applications to Contracts, Antitrust, Remedies and Public Policy Issues Notes and Questions E. Christian Legal Thought and Contemporary Legal Thought Daniel Bell, Resolving the Contradictions of Modernity and Modernism Notes and Questions Obergefell v. Hodges Notes and Questions F. Catholic Social Teaching Michael Gerson, Heroic Conservatism: Why Republicans Need to Embrace America s Ideals (And Why They Deserve to Fail if They Don t) Pope John XXIII, Pacem in Terris Notes and Questions Chapter 2. Christian Theology and Legal Thought A. Who Is God? Abraham Lincoln, Second Inaugural Address xvii
2 xviii TABLE OF CONTENTS George W. Bush, President s Remarks to the Nation Barack Obama, Remarks by the President in Eulogy for the Honorable Reverend Clementa Pinckney Notes and Questions Arthur Allen Leff, Unspeakable Ethics, Unnatural Law Notes and Questions B. Creation Dallas Willard, The Divine Conspiracy Chapter IV Of Creation Colin Gunton, The Doctrine of Creation Notes and Questions Kings 3:16 28 (ESV) Ghen v. Rich Pearson v. Callahan Notes and Questions C. The Human Person Genesis 1:26 31 (ESV) Catechism of the Catholic Church Mary Ann Glendon, Conceptualization of the Person in American Law Notes and Questions D. Fall and Redemption Johnson v. M Intosh Catechism of the Catholic Church Albert M. Wolters, Creation Regained John Paul II, Centesimus Annus Notes and Questions E. Culture United States v. One Book Entitled Ulysses Notes and Questions Kalipi v. Hawaiian Trust Company, Ltd Thomas Aquinas, Whether Custom Can Obtain the Force of Law Notes, Questions, and a Problem Chapter 3. Christian Traditions A. Catholicism The Church: Essence and History Catechism of the Catholic Church Henri de Lubac, The Splendor of the Church Congregation for the Doctrine of the Faith, Responses to Some Questions Regarding Certain Aspects of the Doctrine of the Faith Karl Adam, The Spirit of Catholicism Richard P. McBrien, Catholicism Karl Adam, The Spirit of Catholicism Jaroslav Pelikan, The Riddle of Roman Catholicism Heinrich Rommen, The Catholic State Harold J. Berman, Law and Revolution Notes and Questions
3 TABLE OF CONTENTS xix 2. Excursus: Harold Berman and The Papal Revolution Harold Berman, Law and Revolution II: The Impact of the Protestant Reformations on the Western Legal Tradition Notes and Questions B. Lutheranism Alister McGrath, Christianity s Dangerous Idea John Witte, Jr., Law and Protestantism Notes and Questions C. The Anabaptist Tradition (The Radical Reformation) Corinthians 6:14 18 (ESV) W. David Buschart, Exploring Protestant Traditions The Schleitheim Confession of Faith Note and Question Wisconsin v. Yoder John Howard Yoder, On Not Being in Charge Notes and Questions D. The Reformed Tradition W. David Buschart, Exploring Protestant Traditions John Calvin, Institutes of the Christian Religion Notes and Questions E. Calvinism and Covenant Deuteronomy 17 (ESV) Joshua 24 (ESV) Samuel 8 (ESV) Kings 22:3 23:25 (ESV) Junius Brutus, Vindiciae Contra Tyrannos Notes and Questions Glenn A. Moots, Politics Reformed: The Anglo-American Legacy of Covenant Theology Covenant of Exeter, New Hampshire The Massachusetts Body of Liberties Notes and Questions F. Abraham Kuyper and His Influence Nicholas Wolterstorff, Abraham Kuyper Abraham Kuyper, Calvinism and Politics Notes and Questions Chapter 4. Legal Theory and Christian Theology A. Human Equality Grounding Human Equality Christian Accounts of Human Equality Jacques Maritain, Redeeming the Time Thomas Aquinas, Whether God Loves All Things Equally Thomas Aquinas, Whether Grace Is Greater in One than in Another John Locke and Human Equality Jeremy Waldron, God, Locke, and Equality: Christian Foundations in Locke s Political Thought Notes, Questions, and a Problem
4 xx TABLE OF CONTENTS B. Justice and Normative Equality Conceptions of Justice The Labourers in the Vineyard San Antonio Ind. School District v. Rodriguez Defining Justice Thomas Aquinas, Whether the Act of Justice Is to Render to Each One His Own Alan Ryan, On Politics Doing Justice Reinhold Niebuhr, The Nature and Destiny of Man Reinhold Niebuhr, Christianity and Power Politics Timothy Keller, Generous Justice: How God s Grace Makes Us Just Notes and Questions Postscript to Section B John Rawls, A Theory of Justice C. The Providence of God: Eternal Law Thomas Aquinas, Whether There Is an Eternal Law Notes and Questions D. Defining Law [A]n Ordinance of Reason Thomas Aquinas, Whether Promulgation Is Essential to a Law Rights and the Common Good Unjust Laws Thomas Aquinas, Whether Human Law Binds a Man in Conscience Civil Disobedience Martin Luther King, Jr., Letter from a Birmingham Jail Notes, Questions, and a Problem E. Natural Law and Divine Law Natural Law in Contemporary Legal Discourse Natural Law According to Thomas Aquinas Thomas Aquinas, Whether There Is in Us a Natural Law Thomas Aquinas, Whether the Natural Law Contains Several Precepts, or Only One Other Christian Accounts of Natural Law Stephen J. Grabill, Rediscovering the Natural Law in Reformed Theological Ethics Natural Law and Holy Scripture Robert Dodaro, Christ and the Just Society in the Thought of Augustine Thomas Aquinas, Whether There Was Any Need for a Divine Law Thomas Aquinas, Whether the New Law Made Sufficient Ordinations About External Acts Notes and Questions F. Making and Administering Human Law Interpreting Law
5 TABLE OF CONTENTS xxi 2. The Purpose of Law Thomas Aquinas, Whether the Old Law Contains Only One Precept Thomas Aquinas, Whether It Was Useful for Laws to Be Framed by Men David Skeel and William Stuntz, Christianity and the Modest Rule of Law Sources of Law Thomas Aquinas, Whether Every Human Law Is Derived from the Natural Law Russell Hittinger, The First Grace Legislation and Judgment Oliver O Donovan, Government as Judgment Reinhold Niebuhr, Christian Realism and Political Problems Notes and Questions G. Natural Rights Whose Justice? Which Human Rights? Genealogies of Human Rights John Finnis, Natural Law and Natural Rights Catholic Social Teaching and Human Rights Pontifical Council on Social Justice, Compendium of the Social Doctrine of the Church Jacques Maritain, Man and the State Protestantism and Human Rights John Witte, Jr., The Reformation of Rights Dietrich Bonhoeffer, Ethics Notes, Questions, and a Problem H. Selected Issues of State, Authority, and Church The Liberal State Establishment of Religion Church, State, and Religious Liberty Oliver O Donovan, Desire of the Nations: Rediscovering the Roots of Political Theology Letter from Pope Gelasius I to Emperor Anastasius Second Vatican Ecumenical Council, Declaration on Religious Liberty, Dignitatis Humanae Authority Yves R. Simon, A General Theory of Authority Heinrich Rommen, The State in Catholic Social Thought Karl Barth, The Epistle to the Romans Dietrich Bonhoeffer, Ethics Notes, Questions, and a Problem Chapter 5. Contemporary Legal Issues A. Contracts General Principles James Ibbetson, A Historical Introduction to the Law of Obligations
6 xxii TABLE OF CONTENTS James Gordley, Contract Law: A Catholic Approach? Jones v. Star Credit Corp Sherwood v. Walker Notes, Questions, and a Problem Medieval Contract Law and Economics: Herein of (Un)Just Prices, Usury, and Fair Dealing Generally Thomas Aquinas, Whether It Is Lawful to Sell a Thing for More than Its Worth Thomas Aquinas, Whether a Sale Is Rendered Unlawful Through a Fault in the Thing Sold Thomas Aquinas, Whether in Trading It Is Lawful to Sell a Thing at a Higher Price than What Was Paid for It Brian McCall, To Build the City of God Thomas Aquinas, Whether It Is a Sin to Take Usury for Money Lent Pope Benedict XIV, Vix Pervenit Pope Benedict XVI, Caritas in Veritate Brian McCall, The Church and the Usurers: Unprofitable Lending for the Modern Economy Harold Berman, Law and Revolution II: The Impact of the Protestant Reformations on the Western Legal Tradition Notes, Questions, and a Problem B. Criminal Law Crime and Punishment Notes, Questions, and Problems Some Framing Christian Perspectives Romans 13:3 4 (NJB) John 8:2 11 (RSV) J. Duncan M. Derrett, Law in the New Testament Miroslav Volf, Exclusion and Embrace: A Theological Exploration of Identity, Otherness, and Reconciliation Harold J. Berman, Law and Revolution Oliver O Donovan, The Ways of Judgment Notes and Questions A Test Case: Cannibalism on the High Seas Notes, Questions, and Problems Purposes of Punishment Jeffrie G. Murphy, Christianity and Criminal Punishment Donald X. Burt, OSA, Friendship and Society: An Introduction to Augustine s Practical Philosophy Thomas Aquinas, Whether It Belongs to the Human Law to Repress All Vices John Finnis, Aquinas: Moral, Political, and Legal Theory John Witte, Jr. and Thomas C. Arthur, The Three Uses of the Law: Protestant Sources of the Purposes of Criminal Punishment Catechism of the Catholic Church
7 TABLE OF CONTENTS xxiii Michael Vitiello, Reconsidering Rehabilitation Notes and Questions A Duty to Rescue? Concluding Clarifications Regarding Forgiveness and Mercy C. Property William Blackstone, Of the Rights of Things Jacque v. Steenberg Homes, Inc Eyerman v. Mercantile Trust Co., N.A Alby v. Banc One Financial Selected Old Testament Laws Regarding Property Ownership Leviticus 19:9 10 (ESV) Leviticus 25:8 34 (ESV) Deuteronomy 23:24 25 (ESV) Deuteronomy 24:19 22 (ESV) Notes and Questions D. Environmental Law Lynn White, Jr., The Historical Roots of Our Ecological Crisis Pope Francis, Laudato Si Notes and Questions E. For Further Discussion Defenders of Wildlife v. Hall F. Taxation Susan Pace Hamill, An Argument for Tax Reform Based on Judeo-Christian Ethics Notes and Questions INDEX
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